§444-22  Civil action.  The failure of
any person to comply with any provision of this chapter shall prevent such
person from recovering for work done, or materials or supplies furnished, or
both on a contract or on the basis of the reasonable value thereof, in a civil
action, if such person failed to obtain a license under this chapter prior to
contracting for such work. [L 1957, c 305, §1(s 21); Supp, §166A-21; HRS
§444-22; am L 1969, c 56, §4]



 



Case Notes



 



  Defendant's motion to dismiss denied; because it was feasible
that plaintiff's actions constituted that of a "professional engineer
acting solely in [its] professional capacity", it was not apparent that
[this chapter] barred plaintiff from bringing lawsuit.  216 F. Supp. 2d 1133.



  Action to recover under this section not barred when
circumstances take matter outside applicability of this chapter.  58 H. 257,
567 P.2d 824.



  Applicable even if party has knowledge that contractor has no
license.  71 H. 175, 785 P.2d 1325.



  Section permits a contractor, who performs both licensed and
unlicensed work, to bring an action to recover payment for the licensed portion
of the work.  86 H. 137 (App.), 948 P.2d 558.



  A contract with an unlicensed contractor is not void ab
initio and this section does not bar a member of the public, who is a party to
such contract, from bringing suit to recover breach of contract damages from an
unlicensed contractor.  92 H. 117 (App.), 987 P.2d 1015.